공탁금출급청구권확인
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. On September 30, 2009, Maulen Co., Ltd. (hereinafter “Maulen”) entered into a real estate security trust agreement (hereinafter “instant trust agreement”) with the Asian Trust Co., Ltd. (hereinafter “Asia Trust”) to secure the obligation of loans to the Gyeonggi Savings Bank Co., Ltd., Ltd., and with the holders of loans to the Gyeonggi Savings Bank Co., Ltd. as the priority beneficiary of the trust principal (hereinafter “priority beneficiary”), and with the beneficiary of subordinated beneficiary and trust proceeds of the trust principal of the trust, Maulen set YNC as the priority beneficiary of the trust principal and beneficiary of the trust principal and beneficiary of the trust principal, and on October 1, 2009, completed the registration of ownership transfer on each of the instant real estate based on the instant trust agreement.
B. The first beneficiary requested the Asian Trust to dispose of each of the instant real estate as stipulated in the instant trust agreement, and the Asian Trust completed the realization procedure by proceeding with the public sale disposal procedure under the instant contract.
C. The instant trust contract provides for the method of settlement of the disposal price, etc. as follows.
(1) The expenses incurred in the performance of trust affairs, such as taxes and public charges on real estate and trust profits, maintenance and management expenses, financial expenses, etc., and all other expenses incurred in the performance of trust affairs, and those incurred by any cause not attributable to the trustee in the performance of trust affairs, shall be borne by
(2) Where money belonging to trust property falls short of the payment of the expenses, etc. under paragraph (1) and it is impossible for the truster to receive the shortage, the trustee may, by selling all or part of the real estate in trust by a method deemed reasonable by the trustee
(3) A truster shall pay expenses, etc. under paragraph (1) at the time of payment.